A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On April 2014, the Defendant made a false statement to the victim C, stating, “The Defendant may directly manufacture cosmetics and directly sell cosmetics to Chinese tourists, or pay a large amount of profits by selling them to them. In making an investment, the Defendant would pay KRW 3 million per month. The Defendant would use the investment money as the cost of the cosmetics business, and return it to the Plaintiff at the latest or late intervals.”

However, in fact, the Defendant did not have any preparation for the business of manufacturing and selling cosmetics at the time. At any time, the Defendant had access to the Gangwon Islands from time to time, caused the property from gambling to all, caused the liabilities to be 50 million won, and was thought to use the investment funds received from the victim as gambling funds, so even if he received an investment from the victim, he did not have the intent or ability to return the investment funds as stipulated in the agreement.

On April 29, 2014, the Defendant received from the victim a remittance of KRW 40 million as investment money.

Accordingly, the defendant was given property by deceiving the victim.

2. Around June 10, 2014, the Defendant made a false statement to the victim C, stating, “In a game room where the trade name in Seongbuk-gu Seoul U.S. is unknown, the Defendant made it difficult for the victim C to use the casino table to gambling and distribute the proceeds to the Chinese fathers. However, the Defendant may pay a lot of money if he/she invests KRW 10 million in the casino.”

However, in fact, the Defendant was unaware of the person doing the above work, and there was no intention or ability to distribute the profits to the victim, even if receiving the investment funds from the victim, because the victim was thought to use the funds for gambling.

The Defendant received KRW 10 million from the victim on the same day.

Accordingly, the defendant is the victim.